Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
Think of discovery as obtaining and disclosing the evidence and position of each side of a case so that all parties involved can decide what their best options are – move forward toward to trial or negotiate an early settlement.
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
There are additional aspects to the discovery process, such as subpoenas to non-party witnesses, requests for admissions, or physical or mental examinations. Also, parties sometimes engage in lengthy battles over whether a request is appropriate or whether a party has produced all information they were supposed to.
The length of the discovery process depends on the facts of the case and the amount of evidence that has to be reviewed. Since both sides are required to submit their evidence to their opponents for review, it could take weeks or months for the lawyers on both sides to go over all of the documentation.
Depending on the type of case, discovery could last a few months to more than a year. For example, large class action lawsuits, medical malpractice cases, and product liability claims often require lengthy discovery. The parties need time to retain and work with experts.
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
Maryland, 373 U.S. 83 (1963). The discovery process is intended to provide adequate information for informed pleas, to expedite trial, minimize surprise, afford an opportunity for effective cross-examination, and meet the requirements of due process.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
Electronic discovery (also known as e-discovery, ediscovery, eDiscovery, or e-Discovery) is the electronic aspect of identifying, collecting and producing electronically stored information (ESI) in response to a request for production in a law suit or investigation.